Petitioner seeks orders to have IEBC operational protocols revealed ahead of 2027 polls

This includes the location of polling stations, the national tallying centre and procedures for voter identification and verification.

In a Notice of Motion, Francis Awino is seeking urgent consideration of the case and interim orders restraining the IEBC and its officials from implementing undisclosed or materially revised protocols affecting the national tallying centre and voter identification pending the hearing of the application and petition.

The applicant wants the Commission to disclose information relating to the designation, location, gazettement, identification, accessibility assessment and public notification of polling stations and tallying centres.

The application also seeks information on the proposed or designated national tallying centre, including its legal basis, location, Gazette Notice, venue records, management protocols, audit trail and arrangements for public access to information.

The Commission is further being asked to disclose voter registration, identification and verification records, including procedures to be followed where biometric verification fails, biometric data cannot be read, election devices malfunction or connectivity is unavailable.

According to the application, the Commission should also disclose policies, manuals, standard operating procedures, circulars, directions, training materials, internal memoranda, correspondence and decision records relating to the electoral arrangements in question.

The applicant has asked the court to order the IEBC to file an affidavit within seven days, or within another period considered reasonable by the court, setting out whether a national tallying centre has been designated, selected, proposed, reserved or otherwise identified for the next General Election.

If such a centre has been identified, the Commission is being asked to provide its official name, physical location, legal basis, decision and designation dates, applicable Gazette Notice and the status of public notification.

The proposed affidavit would also be required to state whether the Commission has a written protocol or standard operating procedure for the national tallying centre and whether there is a written voter identification and verification protocol, including procedures for biometric failures and other technical impediments.

The application further asks the Commission to account for the steps it has taken in response to a written request dated September 16, 2026, and to provide copies of responses and other communications relating to that request.

The applicant argues that any new or materially revised national tallying centre or voter verification protocol that could affect voters' political rights should not be implemented without being reduced to writing, authorised under applicable law and preserved for disclosure to the court and the applicant.

The motion also asks the court to restrain the Commission from designating, relocating, altering or de-gazetting polling stations or tallying centres except in accordance with the Constitution and electoral laws.

The applicant says the restrictions should not prevent measures required by law, emergency necessity or a court order, provided the Commission preserves written reasons, the statutory authority for the decision, the decision record and evidence of public notification.

The legal challenge invokes provisions of the Constitution dealing with access to information, political rights, fair administrative action and electoral management, alongside provisions of the Elections Act, the IEBC Act and electoral regulations.

The motion also cites a Supreme Court ruling of October 17, 2017, which the applicant says clarified the role of national verification in relation to Forms 34A, 34B and 34C.

On polling stations, the applicant argues that Regulation 7 of the Elections (General) Regulations requires their designation and gazettement, while Regulation 83 provides for final tallying at a venue gazetted by the Commission.

The applicant further argues that publishing precise geographical coordinates of polling and tallying venues would make the locations objectively verifiable and assist voters and election stakeholders in identifying, inspecting and reporting errors concerning voting and tallying sites.

The motion proposes a six-calendar-month publication period as a prospective remedy, arguing that it would allow time for public verification, correction, accessibility planning and election deployment.

On voter identification, the applicant argues that Kenya's electoral framework incorporates biometric voter registration, biometric voter identification and electronic transmission of results. The application proposes that biometric verification should serve as the primary identity matching safeguard, with any fallback mechanism narrowly defined and auditable.

The applicant says the issues raised concern constitutional and electoral rights and that any prejudice arising during voting, tallying or declaration of results could not be adequately remedied through damages after the election.

The court is ultimately being asked to issue any further orders it considers necessary to protect the Constitution, electoral integrity and public confidence in the electoral process.

The motion is framed under Articles 22, 23, 35, 38, 47, 81, 86, 88, 138, 165 and 259 of the Constitution, alongside provisions of the Elections Act, the IEBC Act, electoral regulations and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules.